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Devastated my ESA has been withdrawn - Overpayment

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7 years 11 months ago #159050 by Karen
Hello got the call this morning my Income Based ESA has been withdrawn due to overpayment.

I was prepared to pay back my over-payment as I was at fault, every week and my payments were reduced by £12 every week.

The DWP have now said a final decision was not made into my over-payment and my capital has succeeded. I know 100% I have not exceeded 16,000 in total I went over by £4000 but now they say I didn't give good enough reasons where that money went, even though I was only asked this by a brief phone call.

Whilst the investigation was carried out by the compliance team, I explained as I'm ill and homebound I don't look after my own finances and my sister and mother look after them on my behalf.

Can they stop my Income Based ESA altogether when I did not exceed £16,000? I tried to explain this to the DWP via the phone but she was reluctant to listen and was very pleased with herself by saying I was to blame.

There is a major backlog at DWP Wolverhampton, the compliance team said I would have to pay back the overpayments which was fair enough, but the DWP decision makers have decided to stop my payments altogether.

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7 years 11 months ago #159085 by Gordon
Replied by Gordon on topic ESA Over-payment - Receive no Back payment
Karen

I've merged your posts so we know hat has happened previously.

You need to wait for the Decision Letter as this should provide additional information.

What savings and assets do you and your husband currently have?

Is there any chance that you are receiving Contribution Based ESA with an Income Related top-up?

From what you have posted, because they are not satisfied with where the money has gone (have you spent it? You don't need to answer this), they are assuming that you still have it.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Karen

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7 years 11 months ago #159108 by Karen
Replied by Karen on topic ESA Over-payment - Receive no Back payment
Thank you for your prompt reply Gordon, :) the current savings I have are less than £700 in my current account, nothing else. My husband has £500 in his account in total, we have zero additional savings. I am tempted to empty the account in case they will recuperate that for my back payment I owe.

No not receiving any other benefits whatsoever I was just receiving Income based ESA support group, we live with our parents. I didn't apply for PIP as I didn't want to go through all the assessment and hassle it's too tough especially since I'm home bound.

I assuming they are not satisfied where the money has gone too, Gordon. :( I transferred it back to my husbands parents since it is was originally their money, its shown in the bank statements, I informed the compliance team that my husband and mother sort all my finances out on my behalf.

I'm assuming they think we are still deliberately depriving ourselves of that capital, even though I was beginning to pay for the back-payment. Its sorely disappointing they have come to this conclusion based on a 10 minute phone call and I was very co-operative with them answering any questions on each form, and when the compliance officer visited my home.

The investigation was very short and brief in the end, my parents and husband were prepared and waiting to explain more if they asked any more further questions rather than coming to this conclusion from my brief answer via a phone call.

I will wait for the Decision letter, I wouldn't be surprised if I will have to wait over 2 months for it to arrive, whilst we are up the creek.

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7 years 11 months ago #159167 by Karen
Replied by Karen on topic ESA Over-payment - Receive no Back payment

Gordon wrote: Karen
From what you have posted, because they are not satisfied with where the money has gone (have you spent it? You don't need to answer this), they are assuming that you still have it.

Gordon


I was asking around and was suggested by one person, if they still think I have the £4000 above the £6000 limit, I am still well below the £16,000 threshold, and I should have been paying back £1 for every £250 I am over, and being within £16,000 threshold it should still mean I'm entitled to Income based ESA?

I was given an original letter showing reduced payments, but I'm completely baffled and alarmed of them ceasing my ESA over the phone. :S

I can only wait for the new decision letter, to fully understand why they have made this new decision, overriding last weeks letter.

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7 years 11 months ago #159224 by Gordon
Replied by Gordon on topic ESA Over-payment - Receive no Back payment
Karen

I'm afraid you can't do anything until you receive the Decision Letter.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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